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PATERNITY SUIT |
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The real story isn’t so much about ND Tiwari as it is about paternity
Rohit Shekhar wants 'illegitimate child' and 'bastard' struck off from legal lexicon
Revati Laul
New Delhi
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The Delhi High Court on 27 July declared the results of ND Tiwari's DNA test which prove that Rohit Shekhar is his biological son
Photos: Ankit Agrawal |
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The journey for Rohit Shekhar, now legally ND Tiwari's biological son, has been long, expensive and very painful. On Friday 27 June, the Delhi High Court declared the results of a DNA test which proved what this 31-year-old has known all along. That ND Tiwari is his father. The two time Chief Minister of Uttar Pradesh, and Uttarakhand, and former Governor of Andhra Pradesh, ND Tiwari finally ran out of legalese to hide behind and with which to delay closure in this case. Until late on Friday morning, Tiwari tried everything possible to prevent the DNA results from being declared. He appealed to the Supreme Court to have a fresh trial on whether or not the DNA result can be made public. This, just hours before the High court in Delhi was meant to declare the results. It made the atmosphere in Rohit Shekhar’s home highly stressful. The Supreme Court dismissed Tiwari’s plea and two hours later, at 2:30pm the Delhi High read out the test result. It was positive. The DNA sample of ND Tiwari and Rohit Shekhar matched.
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Ujjwala Sharma, Rohit Shekhar's mother, outside the Delhi High Court |
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However, the real story isn’t so much about ND Tiwari as it is about paternity. In a country that is still fiercely feudal and parochial, politicians of ND Tiwari’s generation have grown up in an atmosphere of entitlement. Power has given them immunity from all responsibility and most often the system has supported that. Challenging Tiwari in court and finally winning a big victory today makes a big dent in this landscape.
There is also the larger picture within which Rohit’s story out of abandonment is situated. The forced acknowledgement of paternity is the first case of its kind in India. Rohit hopes it will encourage many more cast away children to come forward and claim what is rightfully and legally theirs. Rohit is also using his case to make one more large point in court. To have the word `illegitimate child’ and `bastard’ struck from legal lexicon. “What makes a child born out of wedlock bear the brunt of social prejudice and be called pejoratives?” he has asked.
Tiwari’s battery of lawyers tried everything in the book to delay the case, prevent him from giving a sample of his DNA and constantly have each step of the case reviewed again and again by different courts. For most people, being pitted against the system by someone who has always had both access and money; means that the odds are stacked abominably against them. Rohit Shekhar was able to muster the finances to pursue the case on in court for five years, but it took a massive toll on his health.
In fact, that is one of the main reasons why Rohit went to court in the first place. “I want this man to own up to what he has done. So that, so many years of my mother and me suffering, can finally reach a closure.” Tiwari had a long romantic engagement with Rohit’s mother, and according to her, he pleaded with her for them to have a child together. However, soon after Rohit was born, Tiwari’s political career in the Congress reached a crucial juncture where acknowledging a child from this extra-marital affair would have cost him his political fortune. So he did what turned into more than a decade of embarrassment and pain. He kept Rohit and his mother hanging. Not staying away from them but not making it clear what he intended to do either. It was this torment—of not knowing, of being in limbo. Of sometimes being caressed by his real father and at other times meet a completely indifferent gaze that Rohit said made him decide enough was enough. That he wanted this man to acknowledge what had happened, because that was the only outlet for his own suffering. Suffering that Rohit claims was responsible for sending him into the ICU with a heart attack and brain stroke. He was only 28 at the time and doctors found it preposterous that a boy so young should be in such a state of shock.
Revati Laul is a Special Correspondent with Tehelka.
revati@tehelka.com
ND Tiwari’s DNA test result to be made public next week
The Delhi High Court has also rejected an appeal by Tiwari to conduct a fresh in-camera trial
Tehelka Bureau
New Delhi
The Delhi High Court on Friday dismissed the application by senior politician and former Andhra Pradesh Governor ND Tiwari asking for the results of his DNA test to not to be made public. The court also rejected Tiwari’s appeal for a fresh in-camera trial and said the results of the DNA test would be revealed during the hearing next week on Friday, 27 May. The DNA test was conducted in response to a petition filed by Rohit Shekhar, who claims ND Tiwari to be his biological father.
“Essentially they (ND Tiwari’s lawyers) were trying to prolong the case and drag it on. The court did not accept this contention and they dismissed this application,” said Vedanta Varma, the lawyer representing Rohit Shekhar.
Tiwari’s lawyers took a leaf out from a Supreme Court order of 2010 which said, “…keeping in mind the various important posts held by the appellant herein, he would be at liberty to make an appropriate application before the learned Trial Judge for in-camera trial of the suit.”
Varma told TEHELKA, “The court did not find any ground in any orders, including the order passed by the Supreme Court. No such protection (to keep the DNA report confidential) has been given by the Supreme Court to the defenders.”
The case was heard by Justice Reva Khetrapal. Lawyer Bahar Burqui argued on behalf of ND Tiwari.
letters@tehelka.com
ND Tiwari files application for an in-camera trial
Requests the court not to make results of his DNA test public until the fresh trial is over
Sujay Chakraborty
New Delhi
ND Tiwari filed an application in Delhi High Court on Thursday 19 July demanding an in-camera trial in the paternity case. In his application, the former Andhra Pradesh governor also requested the court not to make the results of his DNA test public until the fresh trial is over. The court will decide on Friday 20 July whether or not to admit Tiwari's application.
Following the court's order, Tiwari had given his blood sample for a DNA test on 29 May. The court had ordered for the test to be conducted following a paternity suit filed by 31-year-old Rohit Shekhar who claims to be Tiwari's biological son. The results of the DNA test had reached the high court on 2 July.
Reacting to Tiwari's application for a fresh trial, Shekhar said that he will be requesting the court “not to admit Tiwari's application as doing so will be a violation of Article 21 of the Indian Constitution (protection of life and personal liberty). Moreover, if the application for a fresh trial was admitted, then the case would be reopened for the third time.”
Tiwari had earlier refused to give a blood sample for a DNA test under court orders citing violation of privacy as reason. Later his lawyers had cited ill health and said the aged politician was unable to come to Delhi for the test, after which the court had directed that Tiwari's blood sample be collected from his residence in Dehradun.
sujay@tehelka.com
Veteran politician ND Tiwari gives blood sample for DNA testing
The results of the DNA test may bring about the long-drawn-out paternity suit to a conclusion
Tehelka.com Bureau
Following the directives and the deadline set by the Supreme Court of India former Andhra Pradesh governor Narayan Dutt Tiwari’s blood sample were collected at his Dehradun residence on Tuesday 29 May. The sample will now be sent for a DNA test that is at the core of a paternity suit filed by 31-year-old Rohit Shekhar.
Shekhar has claimed that Tiwari is his biological father and has fought a long drawn court battle to prove his claim. Tiwari has fought that claim and had so far refused to give a blood sample for a paternity test under court orders, citing a violation of privacy. Later his lawyers had cited ill health and said the aged politician was unable to come to Delhi for the test.
The courts, however, had overruled his objections. Justice Mukhopadhyaya and Deepak Verma on Thursday 24 May had ruled that Tiwari need not be brought to Delhi to give a sample of his blood, since his counsel says he is immobile; Shekhar, his mother, the registrar of the Delhi High Court had been directed to go to his home in Dehradun to collect the sample. The Supreme Court had directed Tiwari to voluntarily share his blood sample by Tuesday 29 May.
SC directs Shekhar to go to ND Tiwari for DNA sample
The directive comes after Tiwari's counsel made it clear that the former minister was incapable of moving
Tehelka.com Bureau
Days before former Uttarakhand Chief Minister ND Tiwari was to submit a DNA sample to determine whether or not he is the father of 31-year-old Rohit Shekhar; his lawyers went to the Supreme Court. The apex court gave Tiwari no reprieve, saying he has to submit to the DNA sample. However, there was a caveat. Justice Mukhopadhyaya and Deepak Verma on Thursday also ruled that Tiwari need not be brought to Delhi to give a sample of his DNA, since his counsel says he is immobile; Shekhar, his mother, the registrar of the Delhi High Court must go to his home in Dehradun to collect the blood sample.
Shekhar says he respects the decision of the SC but is simultaneously uneasy about being made to go to the residence of a man who he has had to fight for nearly four years in court just to be recognised as his son.
The new date for hearing is now 29 May.
letters@tehelka.com
Will the ND Tiwari paternity suit reach a conclusion?
Tiwari has been ordered by the Joint Registrar of the Delhi HC to appear on 26 May and submit his DNA sample
In India’s first of its kind paternity suit, former Uttarakhand Chief Minister ND Tiwari has been ordered by the Joint Registrar of the Delhi High Court to appear in Delhi on Saturday 26 May 2012 and submit his DNA sample. This comes in response to a case now in court for over four years, where 31-year-old Rohit Shekhar has alleged Tiwari is his father. He has been demanding that Tiwari acknowledge the truth, so that the stigma Shekhar and his family have borne for years comes to an end. Moreover, this case could be used to strike the word 'bastard' from India’s law books and courts, since it is discriminatory and causes social and psychological trauma to a child.
Shekhar has reason to hope this time because the Delhi High Court has for the first time ruled that police force can be used, if necessary, to make sure Tiwari doesn’t flout court orders. So far, Tiwari has been ordered by the High Court and the Supreme Court on six different occasions to submit a DNA sample to determine whether or not he is the father of Shekhar. Six court orders, and two years later Shekhar says he is “waiting and watching”. However, for now, he “doesn’t see an end in sight yet.” If Monday’s order leads to Tiwari submitting his DNA sample, then Shekhar's long-drawn-out fight could come to an end. And India’s first of its kind paternity suit may reach a conclusion.
Revati Laul is a Special Correspondent with Tehelka.
revati@tehelka.com
Take police assistance to get ND Tiwari’s blood sample: HC
Delhi HC had earlier said that either Tiwari "gracefully" submits his blood sample or force would be used
Tehelka.com Bureau
New Delhi
The Delhi High Court on 16 May asked the Joint Registrar to take the assistance of police to get the blood sample of senior politician ND Tiwari in the paternity test case filed by Rohit Shekhar, who claims to be Tiwari’s biological son.
The court has also ordered for Tiwari’s blood sample to be collected within a week after DNA test kits are received. The court on 14 May had asked Hyderabad-based Centre for DNA Fingerprinting and Diagnostics to send the kits to Delhi.
The single judge bench of Justice Reva Khetarpal had earlier asked the former Andhra Pradesh governor to either “gracefully appear” for a DNA test or he would be forced to take the test by the Delhi Police.
“Now that the high court has said that police assistance should be taken if he (Tiwari) fails to appear for the test, I think he has no other option,” said Shekhar.
The next hearing of the case is due on 21 May.
letters@tehelka.com
Submit DNA sample “gracefully” or force will be used, HC tells ND Tiwari
Court comes down heavily on former Governor’s conduct over the past two years, restrains him from leaving the country
Arpit Parashar
New Delhi
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Rohit Shekhar
Photo: Vijay Pandey |
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The Delhi High Court on Monday 14 May, ordered senior politician and former Andhra Pradesh governor ND Tiwari to either “gracefully appear” for a DNA test or be forced to take the test by the Delhi Police in the paternity test case filed by Rohit Shekhar (31), who claims to be Tiwari’s biological son.
The single judge bench of Justice Reva Khetarpal warned Tiwari to inform the court within two days about his next step. The court has also asked the Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD) to send DNA test kits to Delhi and asked the court registry to apprise the concerned authorities of the same.
Rohit Shekhar also appealed before the court that he had a “serious apprehension” that Tiwari would leave the country to delay the procedure of DNA testing like he has over the past year-and-a half, which the court took into account and restrained Tiwari from leaving the country. “You are not permitted to leave the country till the sample for the DNA test is taken,” the court said.
The court also came down heavily on the veteran politician for his conduct over the past two years and said that it was improper for someone who has served in various capacities as a minister in the country to try to circumvent legal proceedings. “The court reminded him of the five orders that have been given over the years to have him give his DNA sample,” Rohit Shekhar later told TEHELKA. He had filed the paternity suit in 2008 to prove that the Congress leader was his biological father.
The HC division bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw had on 27 April told Tiwari that he should obey the orders of the court and submit his DNA sample or risk being forced to give one. The bench had passed the orders while hearing Shekhar’s plea challenging the single judge’s 23 September 2011, order which had stated that Tiwari cannot be compelled but an adverse inference can be draw from his repeated refusal to give blood samples. Setting aside the previous order, the court had said “...police assistance and use of reasonable force for compliance thereof” can be taken as judicial orders needed to be executed.
After the HC order Tiwari approached the Supreme Court (SC), which too refused to give him any relief. “Enough is enough. You (Tiwari) were not present on earlier occasions. Having regard to your age, we had told you to give sample in a sealed cover. We gave you protection under Article 21, but enough is enough,” a bench of justices Aftab Alam and CK Prasad had said.
Shekhar moved the HC last week for forcibly taking Tiwari’s blood sample for the test since he had not complied with the HC’s 23 December, 2010 and 27 April, 2012, orders. “Direct the non-applicant 1 (Tiwari) to furnish blood samples at the earliest convenience of this court. In the event that Tiwari fails to appear on the date fixed by the court, appoint a Commissioner to draw blood samples of Tiwari by force or otherwise,” he said in his application. He also sought the court to direct the police to provide assistance to the Commissioner, to be appointed by the court.
Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand, who had also held key ministerial portfolios at the Centre, was forced to resign as Andhra Pradesh governor in 2009 amid allegations of sexual misconduct against him as local channels broadcast footage that allegedly showed him in a compromising position with three women.
Arpit Parashar is a Senior Correspondent with Tehelka.com.
arpit.parashar@tehelka.com
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